The Employment-Based Green Card: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based permit process is a multi-step procedure that permits foreign nationals to live and work permanently in the U.S. The procedure can be made complex and employment prolonged, but for those looking for long-term residency in the U.S., it is an essential action to achieving that goal. In this article, we will go through the actions of the employment-based permit procedure in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is usually the initial step in the employment-based green card process. The process is designed to make sure that there are no qualified U.S. employees readily available for the position and employment that the foreign worker will not adversely impact the wages and working conditions of U.S. employees.

Submit the Prevailing Wage Application

The employer starts the PERM process by preparing the job description for the sponsored position. Once the job details are settled, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is specified as the typical wage paid to similarly utilized employees in a specific profession in the location of designated work. The DOL issues a Prevailing Wage Determination (PWD) based upon the position, task responsibilities, requirements for the position, the area of designated employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to at least offer the permanent position at. It is likewise the rate that needs to be paid to the employee once the green card is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM policies need a sponsoring company to test the U.S. labor market through various recruitment methods for « able, prepared, qualified, and readily available » U.S. workers. Generally, the employer has 2 choices when choosing when to start the recruitment process. The employer can begin marketing (1) while the prevailing wage application is pending or (2) after the PWD is released.

All PERM applications, whether for an expert or non-professional occupation, need the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the location of designated work;
– Two Sunday print advertisements in a newspaper of basic flow in the area of designated employment, many suitable to the profession and probably to bring actions from able, ready, certified, and available U.S. workers; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive business days.

In addition to the mandatory recruitment mentioned above, the DOL needs 3 additional recruitment efforts to be published. The company should pick 3 of the following:

– Job Fairs
– Employer’s business site
– Job search website
– On-Campus recruiting
– Trade or expert organization
– Private work firms
– Employee referral program
– Campus positioning workplace
– Local or ethnic paper; and
– Radio or TV ad

During the recruitment procedure, the company may be examining resumes and conducting interviews of U.S. employees. The employer needs to keep in-depth records of their recruitment efforts, including the number of U.S. employees who looked for the position, the number who were interviewed, and the reasons they were not worked with.

Submit the PERM/Labor Certification Application

After the PWD is issued and recruitment is complete, the employer can submit the PERM application if no qualified U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the beneficiary’s concern date and determines his/her location in line in the green card visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to submit supporting paperwork when a PERM application is filed. Therefore, the DOL implements a quality control process in the form of audits to guarantee compliance with all PERM regulations. In case of an audit, the DOL usually needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of candidates’ resumes and finished employment applications; and.
– A recruitment report signed by the employer describing the recruitment steps undertaken and the results achieved, the variety of hires, and, if appropriate, the variety of U.S. applicants declined, summed up by the specific lawful occupational factors for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the employer will get it from the DOL. The authorized PERM/Labor Certification verifies that there are no qualified U.S. employees available for the position and that the beneficiary will not adversely impact the earnings and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition must include the approved PERM application and evidence of the beneficiary’s credentials for the sponsored position. Please note, depending on the preference classification and nation of birth, a recipient may be eligible to file the I-140 immigrant petition and the I-485 adjustment of status application simultaneously if his/her priority date is present.

At the I-140 petition phase, the employer should likewise show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is released. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the recipient is equal to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net income amounts to or higher than the proffered wage (yearly report, income tax return, or audited financial declaration); OR.
3. Evidence that the business’s net assets amount to or greater than the proffered wage (yearly report, tax return, or audited financial declaration).

In addition, employment it is at this stage that the employer will pick the employment-based choice classification for the sponsored position. The category depends upon the minimum requirements for the position that was noted on the PERM application and the employee’s certifications.

There are several categories of employment-based green cards, and each has its own set of requirements. (Please keep in mind, some categories may not require an authorized PERM application or I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will evaluate it and might request additional details or documents by issuing an Ask for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, the recipient will check the Visa Bulletin to figure out if there is a readily available permit. The actual permit application can only be submitted if the beneficiary’s top priority date is present, meaning a permit is immediately available to the beneficiary.

Every month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and indicates when a green card has actually become readily available to an applicant based upon their choice category, country of birth, and top priority date. The date the PERM application is submitted develops the recipient’s concern date. In the employment-based migration system, Congress set a limitation on the number of permits that can be released each year. That limitation is currently 140,000. This implies that in any given year, the optimum number of green cards that can be provided to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s top priority date is current, employment he/she will either go through modification of status or consular processing to receive the permit.

Adjustment of Status

Adjustment of status includes applying for the permit while in the U.S. After a modification of status application is filed (Form I-485), the recipient is informed to appear at an Application Support Center for biometrics collection, which generally includes having his/her photo and signature taken and being fingerprinted. This details will be utilized to conduct required security checks and for eventual development of a green card, work authorization (work license) or advance parole document. The recipient might be informed of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation regarding his/her application. Not all applications need an interview. USCIS authorities will examine the recipient’s case to figure out if it fulfills among the exceptions. If the interview is successful and USCIS authorizes the application, the recipient will receive the permit.

Consular Processing

Consular processing involves making an application for the permit at a U.S. consulate in the recipient’s home nation. The consular office establishes a consultation for the beneficiary’s interview when his/her top priority date ends up being present. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The beneficiary will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will examine and identify whether to confess the beneficiary into the U.S. If confessed, the recipient will receive the permit in the mail. The permit functions as proof of long-term residency in the U.S.